The acquisition and deployment of non-intrusive inspection (NII) gamma and x-ray imaging systems will comply with the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Endangered Species Act (ESA), and related statutes.
NEPA and Council on Environmental Quality regulations implementing NEPA direct CBP to fully understand, and consider during decision making, the environmental consequences of proposed federal actions (projects). CBP policies related to environmental planning and historic preservation require compliance with all federal, state, and local laws and regulations, Executive Orders and DHS directives for the protection of the human and natural environment. In accordance with these requirements, CBP will comply with all environmental planning and historic preservation requirements for the proposed fielding and operating Non-Intrusive Inspection (NII) imaging systems funded under ARRA.
CBP has determined that the majority of the recurring actions proposed for funding, and for which an environmental assessment is required, can be grouped by type of action or location. These groups of actions have been evaluated in a Programmatic Environmental Assessment (PEA) to comply with NEPA and its implementing regulations. The PEA for all NII imaging systems covers actions that are eligible for CBP funding for the acquisition, fielding, and operation of NII equipment for use at sea, air, and land ports of entry. Because actions proposed for funding under a PEA and the impacts of these actions can vary based on location and other site-specific criteria, CBP will prepare site-specific supplemental environmental documentation, Environmental Assessments or Records of Environmental Consideration, for each individual project covered by this PEA. This site-specific environmental planning documentation is tiered to the PEA.
Because NII imaging systems will be operated in industrial settings, CBP anticipates that the NII system will not have an impact on sites that are listed on, or potentially eligible for listing on, the National Register of Historic Places. Each deployment site’s historic nature is researched as part of the supplemental environmental documentation. Research includes identifying and contacting all current and former historic groups connected with the sites to determine historic or archeological significance. However, if in the course of deploying and operating the NII system CBP discovers that historical or archeological resources could be impacted, project operations will be suspended and the appropriate authorities consulted.